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Unlawful Presence of F-1, M-1 and J-1s

On Aug. 9, 2018, USCIS will introduce changes to the policy on accrued unlawful presence by nonimmigrant students and exchange visitors.

The new memorandum, which was published on May 11, 2018, announces that USCIS will consider a period of unlawful presence to have started for individuals with F, M and J status on the date of the status violation, even if the student or the scholar is not given notice by an officer or system of the government of the status violation. Unlawful presence is the presence in the U.S. after expiration of the period of stay authorized by the Department of Homeland Security or by the Attorney General (“overstay”) or presence in the U.S. without being admitted or paroled.